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VYA VA STAAT) ART'A NA 689 but those q9ntracts are valid and binding which are made by wives, the livelihood of whose husbands depends on their labour; so also are those made for the support of the family, during the absence or disability, mental or corporeal, of the husband”. Among persons who are competent (to make a contract) the maxim of ‘correa/ emp/or’ applies. Thus Nasira o v ordains : “A buyer ought at first himself to inspect the commodity and ascertain what is good and bad in it ; and what after such inspection he has agreed to buy, he shall not return to the seller, onfess of Żad a concealed b/emis/+. A gift may be revoked if made under a mistake ; and by analogy to this rule, every con traet, is vitiated by errorf. Any species of duress vitiates a contract. Thus Jagamna’s/g, commenting on the text of NARAzp.A, to the effect that what a man does while disturbed from his natural state of mind is void, observes : “In cases of fear and compulsion, the not guided solely by his own will, but solely by the will of another. If he, terrified by another, give his whole estate to any person for relieving him from apprehention, his hind is not in Pts natural state; but after recovering tranquillity, if he give any thing in the form of recompence, the donation is valid.” See am fe, p. 66ä. ■ This corresponds with what has been by Mr. Colebrooke in his treatise on Olligations and Contracts (Ch. VI. S$ 100,)that though by the J/ind, law things done by force are pronounced null, yet in fact they are, in every system of jurisprudence, roidal/e rather than voi,7; as they are susceptible of confirmation by assent subsequent, whether express or tacit. Any £raudulent praetiee (sre an fe, p. 667, ) vitiates a contract : and in :i contra et of sal. if the vendor, having shown a specimen of property free from blemish, deliver blennished property, the vendee may return it, at any time, and the vendor is liable to pay a fine and damages on ac count of his dishonesty $. இ. According to the law as current in Bengal, the sale &e. by a single co-sharer of the joint property are valid so far as regards the seller's own share ; but not of the shares of the other parcellors except at the time of distress for the support of the family and for performance og indispensable duties (see onfe. p. 6:21-6:27, ). And not only are the survivors answerable for a debt contracted by their deceased partner, if the sum borrowed was applied to their ns, but, according to MAN 1. “should even a slave make a contract in the name of his absent master, for the behoof of the family, that master, whether in his own country or abroad, sli'ull not rescind it.” " y у g سفراء Ji has been laid down as a general principle by Mr. Colebrooke, that the head of a family is answerable for needssaries supplied for the indispensable use of it, and for the subsistence of the persons whom he is bound to maintain, whether it be his wife, his parent, his child, his s'ave, his servant, his pupil, or liis apprentice, to whom the necessaries are surnished and troods indispensably requisite are delivered ". The widows on whom the property of their husbands has devolved, are declared in competent to alienate the same except for special purposes ( Ante, pp. 55–143- )

  • масn. Г. Н. Vol. I. p. 122. † Maen. TH. L. Vol. I. p. 123.

f Colebrooke, Obl. and Cont. Book. 2. Ch. VII. §§ 102.-Macn. H. L. Vol. I. p. 123. § Macm. II. I,. Vol. 1. 121. " Maen. II. L. Vol. I. p. 125.